Swanger et al v. Warrior Run School District et al
Plaintiff: Elaine Swanger and Victor Swanger
Defendant: Warrior Run School District, Patricia Cross, Douglas Barenzetti, Central Susquehanna Intermediate Unit, Tammy Osenga, Cynthia Del Gotto and Duane Mattison
Case Number: 4:2011cv00894
Filed: May 11, 2011
Court: US District Court for the Middle District of Pennsylvania
Office: Williamsport Office
County: Northumberland
Presiding Judge: Christopher C. Conner
Nature of Suit: Civil Rights: Other
Cause of Action: 20:1401 Education: Handicapped Child Act
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
February 4, 2019 Opinion or Order Filing 254 ORDER denying in part and reserving in part 231 Motion in Limine of Defendants Diversified Treatment Alternatives and Alvin Weaver, as follows: 1. Defendants' motion to preclude Duane Mattison from testifying at trial on the basis that Matti son lacks the competency to testify is DENIED WITHOUT PREJUIDCE. 2. Defendants' motion to preclude BJS from testifying at trial on the basis that BJS lacks the competency to testify is RESERVED UNTIL TIME OF TRIAL. 3. On or before 2/8/19 at 10 :00 AM, both parties shall submit to the Court a list of proposed voir dire questions that they would like the Court to ask BJS when determining her competency, and in particular, her ability to understand the obligation of an oath and the basic duty to testify truthfully in Court. 4. Defendants' motion to preclude BJS and Mattison from testifying in their entirety at trial pursuant to Federal Rules Of Evidence 401, 402 and 403 is DENIED WITHOUT PREJUDICE. Signed by Honorable Robert D. Mariani on 2/4/19 (jam)
October 2, 2018 Opinion or Order Filing 225 ORDER granting in part and denying in part 198 Motion for Summary Judgment by Defendants Diversified Treatment Alternatives and Alvin Weaver ("Mental Health Defendants"). Mental Health Defendants' Motion is GRANTED with respect to Count VIII. Judgment is hereby entered IN FAVOR OF DEFENDANTS Diversified Treatment Alternatives and Alvin Weaver and AGAINST PLAINITFFS on Count VIII. Mental Health Defendants' Motion is DENIED with respect to Count IX. A date and time for a telephone converence for trial-scheduling purposes will be issued by separate order. Signed by Honorable Robert D. Mariani on 10/2/18 (jam)
September 30, 2015 Opinion or Order Filing 171 ORDER 1.The Mental Health Defendants' Motion for Summary Judgment (Doc. 133) is GRANTED. Judgment is hereby accordingly entered IN FAVOR OF DEFENDANTS Diversified Treatment Alternatives and Alvin Weaver and AGAINST PLAINTIFFS B.J.S. and Elaine S wanger and Victor Swanger as parents and legal guardians of B.J.S. 2. In light of the Court's grant of the Mental Health Defendants' summary judgment motion, Plaintiffs' Motion in Limine (Doc. 122) to exclude from evidence the proffered report, opinions, and testimony of Mental Health Defendants expert Alian Tepper, J.D., Psy.D. is DENIED AS MOOT.Signed by Honorable Robert D. Mariani on 9/30/15. (jfg)
December 31, 2014 Opinion or Order Filing 148 MEMORANDUM OPINION - For the foregoing reasons, the Court will deny Plaintiffs' Motion for In Camera Review (Doc. 124), A separate Order follows.Signed by Honorable Robert D. Mariani on 12/31/14. (jfg)
June 3, 2014 Opinion or Order Filing 121 ORDER THAT: 1. Plaintiffs' Motion (Doc. 111) is DENIED. 2. If Plaintiffs would like the Court to conduct an in camera review of aspecific document, or documents, listed within the Philadelphia Diversified Treatment Claim File Privilege Log, and can present compelling evidence as to their contention that the document(s) do not fall within the recognized psychologist/psychiatrist-patient privilege, the Court will consider conducting such a review upon aproper motion by Plaintiffs, A motion for in camera review of any document{s) within the privilege log at issue must be submitted within seven days of the date of this Order.Signed by Honorable Robert D. Mariani on 6/3/14. (jfg)
June 25, 2012 Opinion or Order Filing 50 MEMORANDUM For the abovementioned reasons, the Court will grant in part and deny in part Defendants' Motion to Dismiss. (Doc. 41}. The Court will deny without prejudice absolute immunity to individual School Defendants under the Coverdell Act on Count III. The Court will not dismiss Count III (§ 1983 substantive due process claim) based on astate-created danger theory, but it will reject the special relationship theory as a basis for liability on the count. The Court will deny without prejudice immunity to individual School Defendants under the PSTCA on Count IV (breach of fiduciary duty claim). The Court will deny without prejudice the motion to dismiss the claim for compensatory damages under Section 504 of the RA (Count I). Fin ally, the Court will dismiss the claim for punitive damages against all individual School Defendants in their official capacities but will deny without prejudice the motion to dismiss punitive damages with respect to their personal capacities.Signed by Honorable Robert D. Mariani on 6/25/12. (jfg)
August 29, 2011 Opinion or Order Filing 32 ORDER STRIKING amended complaint 31 from the record & permitting pltfs to file amended complaint w/ consent of defts or by seeking leave of court to file amended complaint. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/29/11. (ki)
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Search for this case: Swanger et al v. Warrior Run School District et al
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Plaintiff: Elaine Swanger
Represented By: Michael Zicolello
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Plaintiff: Victor Swanger
Represented By: Michael Zicolello
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Defendant: Warrior Run School District
Represented By: Steven D. Snyder
Represented By: Mark R. Zogby
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Defendant: Patricia Cross
Represented By: Steven D. Snyder
Represented By: Mark R. Zogby
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Defendant: Douglas Barenzetti
Represented By: Steven D. Snyder
Represented By: Mark R. Zogby
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Defendant: Central Susquehanna Intermediate Unit
Represented By: Robert A. Seiferth
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Defendant: Tammy Osenga
Represented By: Steven D. Snyder
Represented By: Mark R. Zogby
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Defendant: Cynthia Del Gotto
Represented By: Steven D. Snyder
Represented By: Mark R. Zogby
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Defendant: Duane Mattison
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